Equal partner in expenses on parents
2 years ago
Dear Team,
Daughter claimed on parents' property and took equal share (50%). Now parents stay with the son. As per the law is daughter liable to bare the 50% of parents expenses?
Many thanks
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.le ke bhaag gayi
How daughter can claim on parents property ? she can claim ancestor property only.
ask parents to file maintenance case.
How daughter can claim on parents property ? she can claim ancestor property only.
ask parents to file maintenance case.
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Sidhaarth
Responded 2 years ago
A.Yes but it is only parents under senior citizens Act who can claim maintenance.
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A.Hi,
With the amendment in maintenance law, now both son and daughters are equally liable to pay for the maintenance of the parents. You need to file a maintenance suit under Sec. 125 CrPC. You can make the daughter liable to pay for the maintenance of parents. Her share would be decided by the court.
If you like my answer, please rate me.
With the amendment in maintenance law, now both son and daughters are equally liable to pay for the maintenance of the parents. You need to file a maintenance suit under Sec. 125 CrPC. You can make the daughter liable to pay for the maintenance of parents. Her share would be decided by the court.
If you like my answer, please rate me.
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A.It is ethical but you cannot force her but if you really finding overburdened then it is better to discuss with your sister and if it doesn't work out then send a legal notice
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hey,
As per changes in the Maintenance law both son and daughter has to pay maintenance for their parents. Your parents can file for Maintenance under section 125 of CRPC act.
If you find my answer useful, please rate my answer. Thank you
As per changes in the Maintenance law both son and daughter has to pay maintenance for their parents. Your parents can file for Maintenance under section 125 of CRPC act.
If you find my answer useful, please rate my answer. Thank you
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A.There is no direct law which talks about expenses of parents to be shared by children but there are laws which says that children are supposed to take care of the parents.
As far as principle of natural justice is concerned if daughters can claim their rights in property then they must take care of the parents too and hence in my opinion she should take part in the expenses.
I would suggest that you initiate ODR- Online Dispute Resolution process on Vidhi Samaadhaan through this link https://www.vidhikarya.com/online-dispute-resolution and try to get it resolved.
As far as principle of natural justice is concerned if daughters can claim their rights in property then they must take care of the parents too and hence in my opinion she should take part in the expenses.
I would suggest that you initiate ODR- Online Dispute Resolution process on Vidhi Samaadhaan through this link https://www.vidhikarya.com/online-dispute-resolution and try to get it resolved.
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